Allowed

Vignesh v. the State Rep by

Madras HC14 Sept 2020CRL OP/14017/2020

Case brief

AI extract

What is this about?

Petitioner appearing through video conference sought bail in a criminal case relating to illegal transport of river sand. High Court granted bail subject to a mandatory donation, execution of bond with sureties, and strict reporting conditions.

What did the court decide?

Petitioner released on bail upon payment of Rs.5,000 donation, execution of bond for Rs.10,000 with two sureties for Rs.10,000 each, and adherence to reporting conditions.

Vignesh Vs the State Rep by — Cheque Dishonour | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 14.09.2020

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CORAM :

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THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.14017 of 2020

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Vignesh ... Petitioner Vs.

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The State Represented by Inspector of Police Perugavazhanthan Police Station, Thiruvarur District.

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Crime No.845 of 2020 ... Respondent

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PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.845 of 2020 on the file of the Inspector of Police, Perugavazhanthan Police Station, Thiruvarur District.

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For Petitioner : Mr.Swami Subramanian

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For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

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O R D E R (The case has been heard through video conference)

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The petitioner, who was arrested and remanded to judicial custody on 26.08.2020 for the offence punishable under Section 379 IPC read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.845 of 2020, seeks bail.

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The case of the prosecution is that the petitioner had illegally transported half unit of river sand in 60 bags in TATA ACE, without any permit or valid license. Hence, the complaint.

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The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. On instruction, he would further submit that taking into consideration of the Covid pandemic situation, the petitioner without prejudice to his defence, is prepared to make considerable donation to any charitable Organization or Association, and that the petitioner has been suffering incarceration from 26.08.2020. Hence, he prays to grant bail to the petitioner.

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The learned Government Advocate (Crl. Side) would submit that the petitioner had illegally transported half unit of river

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https://hcservices.ecourts.gov.in/hcservices/

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sand in TATA ACE without any valid license or permit. Hence he vehemently opposed to grant bail to the petitioner. He would further submit that the petitioner has no previous case.

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In order to curb the illegal sand mining activities and taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association this Court is of the opinion that the petitioner shall be directed to make a payment / donation for a sum of Rs.5,000/- (Rupees Five Thousand only) to the Madras High Court Advocates Clerks Welfare Association, High Court of Madras, Indian Bank, High Court Branch, S.B.A/c. No.484077244, IFSC.No.IDIB000M157,and on such payment and production of proof he shall be released on bail on his executing a own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release;

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(a) the petitioner shall within a period of two weeks from the date of the commencement of the Court’s normal functioning, execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the Judicial Magistrate-II, Mannargudi, Thiruvarur District, failing which the bail granted by this Court shall stand dismissed automatically;

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(b) Merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

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(c) the petitioner shall report before the respondent police every day at 10.30 a.m. for a period of two weeks and thereafter on every Monday at 10.30 a.m. until further orders.

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(d) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(e) the petitioner shall not commit any offences of similar nature;

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(f) the petitioner shall not abscond either during investigation or trial;

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(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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https://hcservices.ecourts.gov.in/hcservices/

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(h) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

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(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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6. With the above directions, this Criminal Original Petition is ordered.

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-sd/14/09/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE JUDICIAL MAGISTRATE-II, MANNARGUDI, THIRUVARUR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR DISTRICT [FOR INFORMATION] 3 THE JAILER,SUB JAIL,MANNARGUDI 4 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS.

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5 INSPECTOR OF POLICE,PERUGAVAHANTHAN POLICE STATION, THIRUVARUR DISTRICT ,

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6 THE MADRAS HIGH COURT ADVOCATES CLERKS WELFARE ASSOCIATION, HIGH COURT OF MADRAS, INDIAN BANK, HIGH COURT BRANCH, S.B.A/C. NO.484077244, IFSC.NO.IDIB000M157

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CC to M/S.SWAMISUBRAMANIAN Advocate on payment of necessary charges

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CRL OP.14017/2020 Date :14/09/2020 GKS:17/09/2020

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Vignesh v. the State Rep by

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Vignesh v. the State Rep by

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